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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing | ||||||
6 | Sections 18.4 and 18.5 as follows:
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7 | (20 ILCS 1705/18.4)
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8 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
9 | reimbursement.
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10 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
11 | hereby created
in the State Treasury.
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12 | (b) Except as provided in subsections (b-5) and (b-10), | ||||||
13 | amounts Amounts
paid to the State during each State fiscal year | ||||||
14 | by the federal government under Title XIX
or Title XXI of the | ||||||
15 | Social Security Act for services delivered by community
mental | ||||||
16 | health providers, and any interest earned thereon, shall be
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17 | deposited 100% into the Community Mental Health Medicaid Trust | ||||||
18 | Fund to be used for the purchase of community mental health | ||||||
19 | services. as follows: | ||||||
20 | (1) The first $75,000,000 shall be deposited directly | ||||||
21 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
22 | used for the purchase of community mental health services; | ||||||
23 | (2) The next $4,500,000 shall be deposited directly |
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1 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
2 | used by the Department of Human Services' Division of | ||||||
3 | Mental Health for the oversight and administration of | ||||||
4 | community mental health services and up to $1,000,000 of | ||||||
5 | this amount may be used for support of community mental | ||||||
6 | health service initiatives; | ||||||
7 | (3) The next $3,500,000 shall be deposited directly | ||||||
8 | into the General Revenue Fund;
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9 | (4) Any additional amounts shall be deposited into the | ||||||
10 | Community Mental Health Medicaid Trust Fund to be used for | ||||||
11 | the purchase of community mental health services.
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12 | (b-5) For State fiscal year 2009, amounts paid to the State | ||||||
13 | by the federal government under Title XIX or Title XXI of the | ||||||
14 | Social Security Act for services delivered by community mental | ||||||
15 | health providers, and any interest earned thereon, shall be | ||||||
16 | deposited as follows: | ||||||
17 | (1) The first $75,000,000 shall be deposited directly | ||||||
18 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
19 | used for the purchase of community mental health services; | ||||||
20 | (2) The next $3,000,000 shall be deposited directly | ||||||
21 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
22 | used by the Department of Human Services' Division of | ||||||
23 | Mental Health for the oversight and administration of | ||||||
24 | community mental health services and up to $1,000,000 of | ||||||
25 | this amount may be used for support of community mental | ||||||
26 | health service initiatives; |
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1 | (3) The next $2,300,000 shall be deposited directly | ||||||
2 | into the General Revenue Fund; and | ||||||
3 | (4) Any additional amounts shall be deposited into the | ||||||
4 | Community Mental Health Medicaid Trust Fund to be used for | ||||||
5 | the purchase of community mental health services. | ||||||
6 | (b-10) For State fiscal year 2010, amounts paid to the | ||||||
7 | State by the federal government under Title XIX or Title XXI of | ||||||
8 | the Social Security Act for services delivered by community | ||||||
9 | mental health providers, and any interest earned thereon, shall | ||||||
10 | be deposited as follows: | ||||||
11 | (1) The first $75,000,000 shall be deposited directly | ||||||
12 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
13 | used for the purchase of community mental health services; | ||||||
14 | (2) The next $1,500,000 shall be deposited directly | ||||||
15 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
16 | used by the Department of Human Services' Division of | ||||||
17 | Mental Health for the oversight and administration of | ||||||
18 | community mental health services and up to $1,000,000 of | ||||||
19 | this amount may be used for support of community mental | ||||||
20 | health service initiatives; | ||||||
21 | (3) The next $1,100,000 shall be deposited directly | ||||||
22 | into the General Revenue Fund; and | ||||||
23 | (4) Any additional amounts shall be deposited into the | ||||||
24 | Community Mental Health Medicaid Trust Fund to be used for | ||||||
25 | the purchase of community mental health services. | ||||||
26 | (c) The Department shall reimburse community mental health
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1 | providers for
services provided to eligible
individuals. | ||||||
2 | Moneys in the Community Mental Health Medicaid Trust Fund may | ||||||
3 | be
used for that purpose.
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4 | (c-5) The Community Mental Health Medicaid Trust Fund is | ||||||
5 | not subject to sweeps, administrative charge-backs, including | ||||||
6 | but not limited to, those authorized under Section 8h of the | ||||||
7 | State Finance Act, or any other fiscal or budgetary maneuver | ||||||
8 | that would in any way transfer any funds from the Trust Fund | ||||||
9 | into any other fund of the State, except as provided in this | ||||||
10 | Section. | ||||||
11 | (c-10) The Department of Human Services shall annually | ||||||
12 | report to the Governor and the General Assembly, by September | ||||||
13 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
14 | the total expenditures made from the Trust Fund for the | ||||||
15 | previous fiscal year. This report shall include detailed | ||||||
16 | descriptions of both revenues and expenditures regarding the | ||||||
17 | Trust Fund from the previous fiscal year. This report shall be | ||||||
18 | presented by the Secretary of Human Services to the appropriate | ||||||
19 | Appropriations Committee in the House of Representatives, as | ||||||
20 | determined by the Speaker of the House, and in the Senate, as | ||||||
21 | determined by the President of the Senate. This report shall be | ||||||
22 | made available to the public and shall be published on the | ||||||
23 | Department of Human Services' website in an appropriate | ||||||
24 | location, a minimum of one week prior to presentation of the | ||||||
25 | report to the General Assembly. | ||||||
26 | (d) As used in this Section:
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1 | "Trust Fund" means the Community Mental Health Medicaid | ||||||
2 | Trust Fund. | ||||||
3 | "Community mental health provider" means a community | ||||||
4 | agency that is funded by the Department to
provide a service.
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5 | "Service" means a mental health service
provided pursuant | ||||||
6 | to the provisions of administrative rules adopted by the | ||||||
7 | Department and funded by the Department of Human Services' | ||||||
8 | Division of Mental Health.
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9 | (Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707, | ||||||
10 | eff. 1-11-08.)
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11 | (20 ILCS 1705/18.5) | ||||||
12 | Sec. 18.5. Community Developmental Disability Services | ||||||
13 | Medicaid Trust Fund; reimbursement. | ||||||
14 | (a) The Community Developmental Disability Services | ||||||
15 | Medicaid Trust Fund is hereby created in the State treasury.
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16 | (b) Except as provided in subsections subsection (b-5) , | ||||||
17 | (b-10), and (b-15) , any funds in excess of $16,700,000 in any | ||||||
18 | fiscal year paid to the State by the federal government under | ||||||
19 | Title XIX or Title XXI of the Social Security Act for services | ||||||
20 | delivered by community developmental disability services | ||||||
21 | providers for services relating to Developmental Training and | ||||||
22 | Community Integrated Living Arrangements as a result of the | ||||||
23 | conversion of such providers from a grant payment methodology | ||||||
24 | to a fee-for-service payment methodology, or any other funds | ||||||
25 | paid to the State for any subsequent revenue maximization |
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1 | initiatives performed by such providers, and any interest | ||||||
2 | earned thereon, shall be deposited directly into the Community | ||||||
3 | Developmental Disability Services Medicaid Trust Fund . | ||||||
4 | One-third of this amount shall be used only to pay for | ||||||
5 | Medicaid-reimbursed community developmental disability | ||||||
6 | services provided to eligible individuals , and the remainder | ||||||
7 | shall be transferred to the General Revenue Fund . | ||||||
8 | (b-5) Beginning in State fiscal year 2008, any funds paid | ||||||
9 | to the State by the federal government under Title XIX or Title | ||||||
10 | XXI of the Social Security Act for services delivered through | ||||||
11 | the Children's Residential Waiver and the Children's In-Home | ||||||
12 | Support Waiver shall be deposited directly into the Community | ||||||
13 | Developmental Disability Services Medicaid Trust Fund and | ||||||
14 | shall not be subject to the transfer provisions of subsection | ||||||
15 | (b). | ||||||
16 | (b-10) For State fiscal year 2009 any funds in excess of | ||||||
17 | $11,100,000 paid to the State by the federal government under | ||||||
18 | Title XIX or Title XXI of the Social Security Act for services | ||||||
19 | delivered by community developmental disability services | ||||||
20 | providers for services relating to Developmental Training and | ||||||
21 | Community Integrated Living Arrangements as a result of the | ||||||
22 | conversion of such providers from a grant payment methodology | ||||||
23 | to a fee-for-service payment methodology, or any other funds | ||||||
24 | paid to the State for any subsequent revenue maximization | ||||||
25 | initiatives performed by such providers, and any interest | ||||||
26 | earned thereon, shall be deposited directly into the Trust |
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1 | Fund. Fifty percent of this amount shall be used only to pay | ||||||
2 | for Medicaid-reimbursed community developmental disability | ||||||
3 | services provided to eligible individuals, and the remainder | ||||||
4 | shall be transferred to the General Revenue Fund. | ||||||
5 | (b-15) For State fiscal year 2010 any funds in excess of | ||||||
6 | $5,500,000 paid to the State by the federal government under | ||||||
7 | Title XIX or Title XXI of the Social Security Act for services | ||||||
8 | delivered by community developmental disability services | ||||||
9 | providers for services relating to Developmental Training and | ||||||
10 | Community Integrated Living Arrangements as a result of the | ||||||
11 | conversion of such providers from a grant payment methodology | ||||||
12 | to a fee-for-service payment methodology, or any other funds | ||||||
13 | paid to the State for any subsequent revenue maximization | ||||||
14 | initiatives performed by such providers, and any interest | ||||||
15 | earned thereon, shall be deposited directly into the Trust | ||||||
16 | Fund. Seventy-five percent of this amount shall be used only to | ||||||
17 | pay for Medicaid-reimbursed community developmental disability | ||||||
18 | services provided to eligible individuals, and the remainder | ||||||
19 | shall be transferred to the General Revenue Fund. | ||||||
20 | (b-20) The Community Developmental Disability Services | ||||||
21 | Medicaid Trust Fund is not subject to sweeps, administrative | ||||||
22 | charge-backs, including but not limited to, those authorized | ||||||
23 | under Section 8h of the State Finance Act, or any other fiscal | ||||||
24 | or budgetary maneuver that would in any way transfer any funds | ||||||
25 | from the Trust Fund into any other fund of the State, except as | ||||||
26 | provided in this Section. |
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1 | (b-25) The Department of Human Services shall annually | ||||||
2 | report to the Governor and the General Assembly, by September | ||||||
3 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
4 | the total expenditures made from the Trust Fund for the | ||||||
5 | previous fiscal year. This report shall include detailed | ||||||
6 | descriptions of both revenues and expenditures regarding the | ||||||
7 | Trust Fund from the previous fiscal year. This report shall be | ||||||
8 | presented by the Secretary of Human Services to the appropriate | ||||||
9 | Appropriations Committee in the House of Representatives, as | ||||||
10 | determined by the Speaker of the House, and in the Senate, as | ||||||
11 | determined by the President of the Senate. This report shall be | ||||||
12 | made available to the public and shall be published on the | ||||||
13 | Department of Human Services' website in an appropriate | ||||||
14 | location, a minimum of one week prior to presentation of the | ||||||
15 | report to the General Assembly. | ||||||
16 | (c) For purposes of this Section: | ||||||
17 | "Trust Fund" means the Community Developmental Disability | ||||||
18 | Services Medicaid Trust Fund. | ||||||
19 | "Medicaid-reimbursed developmental disability services" | ||||||
20 | means services provided by a community developmental | ||||||
21 | disability provider under an agreement with the Department that | ||||||
22 | is eligible for reimbursement under the federal Title XIX | ||||||
23 | program or Title XXI program. | ||||||
24 | "Provider" means a qualified entity as defined in the | ||||||
25 | State's Home and
Community-Based Services Waiver for Persons | ||||||
26 | with Developmental Disabilities that is funded by the |
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1 | Department to provide a Medicaid-reimbursed service. | ||||||
2 | "Revenue maximization alternatives" do not include | ||||||
3 | increases in
funds paid to the State as a result of growth in | ||||||
4 | spending through service expansion or
rate increases.
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5 | (Source: P.A. 95-707, eff. 1-11-08.) | ||||||
6 | Section 10. The State Finance Act is amended by changing | ||||||
7 | Section 8h as follows: | ||||||
8 | (30 ILCS 105/8h)
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9 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
10 | (a) Except as otherwise provided in this Section and | ||||||
11 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
12 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
13 | time to time direct the State Treasurer and Comptroller to | ||||||
14 | transfer
a specified sum from any fund held by the State | ||||||
15 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
16 | the State's operating costs for the
fiscal year. The total | ||||||
17 | transfer under this Section from any fund in any
fiscal year | ||||||
18 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
19 | deposited
into the fund during that fiscal year or (ii) an | ||||||
20 | amount that leaves a remaining fund balance of 25% of the July | ||||||
21 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
22 | prior to calculating the July 1, 2004 final balances, the | ||||||
23 | Governor may calculate and direct the State Treasurer with the | ||||||
24 | Comptroller to transfer additional amounts determined by |
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1 | applying the formula authorized in Public Act 93-839 to the | ||||||
2 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
3 | fund under this Section that would have the
effect of reducing | ||||||
4 | the available balance in the fund to an amount less than
the | ||||||
5 | amount remaining unexpended and unreserved from the total | ||||||
6 | appropriation
from that fund estimated to be expended for that | ||||||
7 | fiscal year. This Section does not apply to any
funds that are | ||||||
8 | restricted by federal law to a specific use, to any funds in
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9 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
10 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
11 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
12 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
13 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
14 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
15 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
16 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
17 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
18 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
19 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
20 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
21 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
22 | transfers may be made under this Section from the Pet | ||||||
23 | Population Control Fund. Notwithstanding any
other provision | ||||||
24 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
25 | this Section from the Road Fund or the State
Construction | ||||||
26 | Account Fund shall not exceed the lesser of (i) 5% of the |
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1 | revenues to be deposited
into the fund during that fiscal year | ||||||
2 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
3 | year 2005 through fiscal year 2007, no amounts may be | ||||||
4 | transferred under this Section from the Road Fund, the State | ||||||
5 | Construction Account Fund, the Criminal Justice Information | ||||||
6 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
7 | Mandatory Arbitration Fund.
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8 | In determining the available balance in a fund, the | ||||||
9 | Governor
may include receipts, transfers into the fund, and | ||||||
10 | other
resources anticipated to be available in the fund in that | ||||||
11 | fiscal year.
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12 | The State Treasurer and Comptroller shall transfer the | ||||||
13 | amounts designated
under this Section as soon as may be | ||||||
14 | practicable after receiving the direction
to transfer from the | ||||||
15 | Governor.
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16 | (a-5) Transfers directed to be made under this Section on | ||||||
17 | or before February 28, 2006 that are still pending on May 19, | ||||||
18 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
19 | redirected as provided in Section 8n of this Act.
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20 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
21 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
22 | Services and Resources Act; or (iii) on or after January 1, | ||||||
23 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
24 | and Day and Temporary Labor Enforcement Fund. | ||||||
25 | (c) This Section does not apply to the Demutualization | ||||||
26 | Trust Fund established under the Uniform Disposition of |
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1 | Unclaimed Property Act.
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2 | (d) This Section does not apply to moneys set aside in the | ||||||
3 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
4 | scholarships and residency programs under the Podiatric | ||||||
5 | Scholarship and Residency Act. | ||||||
6 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
7 | be made under this Section from, the Pension Stabilization | ||||||
8 | Fund.
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9 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
10 | be made under this Section from, the Illinois Power Agency | ||||||
11 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
12 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
13 | Agency Trust Fund.
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14 | (g)
(f) This Section does not apply to the Veterans Service | ||||||
15 | Organization Reimbursement Fund.
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16 | (h)
(f) This Section does not apply to the Supreme Court | ||||||
17 | Historic Preservation Fund.
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18 | (i) This Section does not apply to the Community Mental | ||||||
19 | Health Medicaid Trust Fund or the Community Developmental | ||||||
20 | Disability Services Medicaid Trust Fund. | ||||||
21 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
22 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||||||
23 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
24 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
25 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
26 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. |
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1 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
2 | eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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